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To improve the security of citizens basic rights legislation in China

Author: ZhuDongLing From: www.yourpaper.net Posted: 2010-06-24 14:13:28 Read:
Keywords: the basic rights of constitutional right to procedural justice
Abstract: the basic right is the constitution rights established by the constitution, is the rights and freedoms of the reference, it includes human dignity, equality, freedom of speech, freedom of the press, freedom of person, freedom of religion, the right to vote and to be elected as the basic rights of citizens in our country still exist insufficient, this article puts forward suggestions from the legislation.
Basic rights, or constitutional rights, constitutional rights are confirmed, is the citizen constitutional rights and freedoms that, human dignity, equality, freedom of speech, freedom of the press, freedom of person, freedom of religion, the right to vote and be elected, including.Because of these rights and freedoms is high in civil rights system status and value, we in order to crown the name of fundamental rights.
According to the provisions of the current constitution, provisions on fundamental rights of citizens are mainly embodied in the "basic rights and duties of citizens" the second chapter, this __ chapter relates to the provisions of the constitution from 33 to 56, the provisions of the basic rights of citizens from 33 to 50, these rights can be divided into: (1) the right of equality; (2) political rights and freedom, including: the right to vote and to be elected, speech, publication, assembly, association, parade, demonstration of the right to freedom of religious belief; (3); (4) the personal freedom, including: personal freedom, human dignity is not affected by invasion, inviolability of the residence, the freedom and privacy of correspondence shall be protected by law; (5) criticism, suggestions, complaints, charges, prosecution right, obtains the national right of compensation; (6) social and economic rights, including the right of labor, the right to rest, the life of the retired personnel security right, right to material assistance; (7) culture the right to education, mainly include: the right to education, scientific research, literary and artistic creation and other cultural activities of the free.(8) the equality between men and women; (9) rights of marriage and family..In addition, the outline of the Constitution also provides for the property rights of citizens, and in 2004 adopted the amendments to the constitution of property rights on citizens further stated: "the lawful private property of citizens are not violated.""The country in accordance with the law to protect citizens to inherit private property right.Countries in need of public interest, the private property of citizens or expropriation and compensation in accordance with the law."
Can say, China's constitution provides for the basic rights of citizens, refers to all the social and political, economic, cultural and other aspects and fields.At the same time, the Chinese government has actively participated in the various human rights conventions signed, continue to promote China's constitution guarantees the fundamental rights of citizens.In 1997 lO month 27 days, 1998 l0 month 5 days, Chinese government has signed the "economic, social and cultural rights international convention" and the "International Covenant on Civil and political rights".In 2001 February 28, ninth session of the National People's Congress Standing Committee of the twentieth meeting made approval "economic, social and cultural rights international convention" decision.In March 14, 2004, the state will be "respect and protect human rights" into the constitution, it is a significant move by China in the field of human rights, far-reaching significance from the fundamental rights of our citizens to safeguard, realize the country as our basic civil rights provides protection from the institutional, legal, material.All citizens are equally entitled to the rights stipulated in the constitution.Can say, at present, China has basically formed in the constitution as the basis, legal security system in common law, regulations to complement the more complete the constitutional rights of citizens.
In our constitutional protection of citizens' basic rights have made certain achievements. At the same time, we should also see its shortcomings and defects.Although the current constitution of our country expands the basic rights of citizens, but some generally acknowledged basic rights not recognized by the constitution, compared with the two international human rights conventions also has certain disparity.However, for the basic civil rights protection, the most fundamental premise condition is the country's constitution to the citizens of the basic rights are clearly specified, if the constitution to the basic rights are not specified, then the security from about what? To by Sun Zhigang events to the thinking people migrate the basic rights of citizens to freedom at present, due to China's constitution does not define it as the basic right of the citizen of our country, so the protection of fundamental rights is impossible.Secondly, the protection of fundamental rights of citizens also depends on the provisions in the specific realization of common law, in order to protect the basic rights of citizens.So this paper tries to perfect legislation and common law from the Constitution by the legislation were discussed.
, the provisions of the constitution the legislative perfection
The fundamental rights of citizens premise guarantee is clearly prescribed by the Constitution and the law.If the Constitution and the law on this fundamental right without regulations or provisions is not clear, so security fork where plexus about? And the ordinary law is based on the constitution, therefore, improve legislation first embodied in the Constitution itself.
(a) in the entity rights legislation, regulation by amending the constitution to gradually increase the basic right of the citizen.
China's constitution stipulates the basic right of citizens, compared with the countries of the world there is still a gap, we also have to recognize these differences exist, to shorten the gap, not a short period of time can be done, we need to modify the current constitution gradually to improve.Combined with the actual situation in our country.I think a pressing matter of the moment should be increased following the basic rights of constitution in china:
One is the right to life.In recent years, killed dozens of or even hundreds of extraordinarily serious safety accidents occur frequently in China, life safety and again and again, three of particular concern.There is no life, no nothing, nothing is more valuable than life.Obviously, the right to life is the most fundamental human rights."The Universal Declaration of human rights" right to life as the first human rights."International Covenant on Civil and political rights" sixth paragraph l clearly stipulates: "everyone has the inherent right to life.This right shall be protected by law.No one shall be arbitrarily deprived of life."Therefore, we should take it as a basic right of the citizen of our country.On the one hand, the right to life into the constitution, can make the whole society to establish the life consciousness, consciousness to protect life, in particular, the right to life into the constitution contributes to the enhancement of national and legal consciousness of national staff to protect the citizens of the right to life and enhance their respect for and protection of citizens' right of life sense of responsibility and mission.Respect for and protection of the right to life should become the national and government's bottom line.Thus preventing the emergence of national staff and working behavior the occurrence of the right to life.On the other hand, need life right into the constitution or the implementation of international conventions on human rights, the construction of political civilization.Respect for and protection of human rights has become a principle of international law, provisions of the basic rights of citizens is showing a trend of internationalization.In order to adapt to the particular implementation of future "signed" International Covenant on Civil and political rights needs, we should also actively improve the existing constitution, the life right stipulated as a basic right of the citizen of our country.
Two is the right of free migration.The freedom of migration, also known as the freedom of residence, the right of citizens to travel freely in the home country territory and living."The Universal Declaration of human rights" provisions of article thirteenth: "everyone has the freedom of movement within the territory of the right to live in"."International Covenant on Civil and political rights" provisions of article twelfth: "a legal residence in the territory of a country, the people, in the territory have the freedom of migration between freedom and freedom of choice in.Two, everyone should be free to leave any country, including his own.Three, the above rights shall not be restricted, but stipulated by law, necessary to protect national security, public order, public health or weathering or the rights of others, and does not conflict with other rights recognized in the present Convention.This restriction does not apply to.Four, everyone into their own rights, shall not be deprived."Other international human rights documents also have similar provisions.At present, an important part of the freedom of migration as the personal rights of citizens, has been recognized and accepted by most countries in the world.According to statistics Holland scholar maarseveen: 142 of the world's written constitution, the 81 constitution provides freedom of migration, accounted for about 57% of 0 on the freedom of migration, China's 1954 "constitution" provisions of the second paragraph of article 9O: "citizens of the people's Republic of China have the freedom of migration."Later, the constitution of 1975, the 1978 constitution, the constitution of 1982 was cancelled this provision.At present, with the establishment and development of market economy in China, the signing of two international human rights conventions and accession to the WTO, the freedom of movement as a basic right of citizens in the constitution has be imperative.
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